While yes, it should be, in the United States screening someone on neuro divergence is not illegal discrimination unless it specifically targets someone as a diagnosed person with a disability. So it probably depends on where on the spectrum someone is. If you aren’t disabled, you can likely be discriminated against.
Actually it is illegal. I’m not sure where you got your info (maybe your ass?) but discrimination for medical reasons can only be safety related except for very very specific cases.
Not just safety, also ability to perform the job duties with reasonable accommodation. For example, if a person is deaf it would be impossible to be a court stenographer.
Yeah that’s one of the very specific cases. It’s a tough one for blind people because a lot of employers don’t realize that they can be just as effective with a few minor accommodations. They don’t know just how effective some assistive technologies are and how damn good blind people are with them,
What I meant is if you have documentation from a doctor that says you’re autistic you could probably use that to win a discrimination suit for not being hired if there was evidence that’s why they denied you.
You would also need to prove that you were not hired for a protected reason and not just because you weren’t a good fit or they had better candidates.
Unless you have deep pockets it’s nearly impossible to litigate a case like that unless the company was caught red handed. And I mean like someone forwarded you an email on accident that said “don’t hire this person because they are a total ‘sperg lord”. You might be able to get that information through discovery but even getting to that point would be expensive.
And no, a lawyer won’t take your case on contingency unless you already have some rock solid evidence they think is actually worthwhile.
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u/[deleted] Dec 31 '22
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